General Terms and Conditions of Sale
"Online Store"
ARTICLE 1: DEFINITION
ARTICLE 2: SCOPE OF APPLICATION
ARTICLE 3: PRODUCTS / SERVICES
ARTICLE 4: ORDER
ARTICLE 5: PRICES AND PAYMENT TERMS
ARTICLE 6: DELIVERY
ARTICLE 7: TRANSFER OF OWNERSHIP AND RISK
ARTICLE 8: CUSTOMER SERVICE
ARTICLE 9: RIGHT OF WITHDRAWAL
ARTICLE 10: COMPLAINT
ARTICLE 11: LIABILITY
ARTICLE 12: INTELLECTUAL PROPERTY RIGHTS
ARTICLE 13: PERSONAL DATA
ARTICLE 14: COOKIES
ARTICLE 15: FORCE MAJEURE
ARTICLE 16: APPLICABLE LAW AND DISPUTES
NON-FOOD ITEMS ONLY
Article 1 – DEFINITION
Throughout these General Terms and Conditions of Sale, certain recurring terms will have the meaning indicated below:
- The Store: Refers to the company designated by the Website, details of which are described in the "Contact" section of the Website.
- Call Center: The centralized telecommunications service where customer calls are directed for assistance. The Call Center handles both Customer Service and Consumer Service.
- Client(s): Any natural person aged 18 or over who is a consumer, as defined by consumer law, i.e., any natural or legal person who acquires products or services for personal or family use and not for professional needs, who agrees to provide the required information for order registration, and has a delivery address within the Territory.
- Order: A tangible manifestation of the will to purchase Products or Services offered by the online Store according to these General Terms and Conditions of Sale using the means available on the Website.
- Account: A private section of the Website linked to an email address and password, used by the Client for ordering purposes. It contains various information about the Client and their activity on the Website, either provided by the Client (personal data) or automatically recorded by the Website (Order History, Invoices, etc.).
- Content: All graphics, designs, prints, photographs, images, sounds, music, videos, audio, text, logos, button icons, databases, designs, software, and any other elements that can be viewed or accessed on the Website.
- Product(s): All products offered by the Store on the Website as described in more detail in Article 3 below.
- Service(s): All services offered by the Store on the Website as described in more detail in Article 3 below.
- Website: Refers to the current website where the Store's products and services are presented.
- Territory: Areas served by the Store.
- User: Refers to any user of the Website.
Article 2 – SCOPE OF APPLICATION
These General Terms and Conditions of Sale ("GTCS") apply, without restriction or reservation, to all remote sales concluded by the Store, details of which are provided in the "Contact" section of the Website, (the "Seller" or the "Store") with Clients ("Client(s)" or "You") on the Website. They specify, in particular, the conditions for ordering, payment, and delivery of Products or Services ordered by the Client on the Website.
The GTCS are accessible at any time on the Website in the dedicated section.
As the GTCS may be subject to future modifications, the applicable version for the Client's purchase is the one in force on the Website at the date of placing the Order. They will prevail over any other version or any other contradictory document.
Article 3 – PRODUCTS / SERVICES
3.1 Information on Products / Services
The Store takes special care in presenting each Product/Service on the Website and indicates its sales name, quantity, price, accepted payment methods, any delivery restrictions, and the required legal mentions.
The photographs of the Products are not contractual and are provided for informational purposes only.
The descriptions are intended to present the essential characteristics of the Products to the Client before finalizing the Order and do not, in any case, engage the Store's responsibility. The Client acknowledges and accepts that the delivered Products may differ from their presentation photograph.
3.2 Product / Service Quality
The Store takes special care in the quality of the Products sold on the Website. The Products are prepared, packaged, and delivered according to the applicable quality standards.
3.3 Product / Service Availability
Product offers are valid as long as they are visible on the Website and within the limits of available stocks. The Store reserves the right to modify its offer and product range at any time. The Store undertakes to honor Orders received on the Website only within the limits of available stocks. Exceptionally, a Product announced as available on the Website may become unavailable after the Order is definitively registered. In case of Product unavailability, the Store will inform the Client via the Call Center or by email that the Order is canceled and the Client will be refunded within fifteen (15) days according to the legal provisions in force, unless the Client expressly wishes to transfer the Order to a substitute Product recommended by the Store.
In case of an Order for multiple Products, if one of the Products is finally unavailable, the Store will inform the Client via the Call Center and/or by email of the inability to send the unavailable Product. The Client can choose either to receive a credit for the remaining amount, which will be immediately available in the Client's account if they have already paid for the Order, or to request a refund for the unavailable Product according to the legal provisions in force.
The rest of the Order will be processed and shipped to the Client within the announced deadlines on the Website.
3.4 Defective Products
If the delivered Product is defective, broken, or damaged, the Client can fill out the return form with a photo of the Product in question through the "Contact" section of the Website and return the Product. The Store will then refund the Product if it is no longer available.
Article 4 – ORDER
4.1 Account Creation
To place an Order, you must have created a Client account on the Website.
You must choose a login and password to create and access your confidential account (hereinafter the "Client Account").
The Client must provide a valid email address, on which the Store will send a confirmation of the creation of the Client Account to its services. An email address cannot be used more than once to register for the services.
The Client undertakes to regularly check the messages received at this email address and to respond within a reasonable time if necessary. Only one registration to the Website's services is allowed per natural person.
The password can be changed online by the Client in their Client Account. The password is personal and confidential, and the Client undertakes not to disclose it to third parties. The Store reserves the right to refuse a request to create a Client Account in case of non-compliance by the Client with the provisions of these GTCS.
The Store will not be responsible for any loss resulting from a lack of protection of your login or password. If you have forgotten your password, an appropriate function on the Website allows you to retrieve it via your email address.
4.2 Order Registration
Order registration is done as follows:
a. Selection of Products or Services by adding them to the cart or via the express checkout form on the Store;
b. Validation of the cart contents;
c. Client identification with the creation or connection to their Client Account and acceptance of the GTCS;
d. Selection of the delivery method;
e. Information about the delivery (method, costs, and delivery times);
f. Confirmation of delivery terms;
g. Choice and validation of the payment method;
h. Final verification and validation of the Order.
4.3 Billing Information
The Client has the opportunity at each stage of the Order entry process and before its validation to correct and/or modify their choices. The information provided by the Client during the Order process is binding: in case of an error by the Client in the labeling of their contact details or those of the recipient or the delivery address, including their name, first name, address, phone number, email address, door code, floor, the Client will be responsible for paying for the ordered Products, and no indemnity or refund can take place.
The Store cannot be held responsible for the non-receipt of an Order or information, in case of an error, whether intentional or not, in the identification data provided by the Client during the registration form.
Upon final validation of the Order by the Client, the Order is automatically registered. From then on, no modifications will be taken into account by the Store.
4.4 Order Confirmation
The Store confirms the receipt of the Order to the Client by email at the address indicated by the Client, or by a confirmation call, or by SMS or WhatsApp message to recap the ordered Products, address, delivery date and method, payment method, and Order number.
Any Order placed by the Client will only be definitive after the Client receives the Order confirmation and subject to the application of the payment and delivery terms.
Any Order placed on the Store constitutes the formation of a distance contract between the Client and the Seller.
The Store reserves the right to cancel or refuse any Order from a Client (i) with whom there is a dispute concerning the payment of a previous Order and/or (ii) if the said Client has successively refused to receive several Orders without valid reasons and/or abusively requested their return, replacement, or refund.
4.5 Proof of Order
In accordance with the requirements for the protection of personal data, the Order will be recorded on the Store's computer records. It will also be kept by the Store on a reliable and durable medium, which the Client can access on the Website in the "My Account" section, to provide proof of the contractual relationships between the Parties, respecting the provisions relating to the electronic exchange of legal data. Unless proven otherwise, our computer records and those of our service providers, kept under reasonable security conditions, will constitute proof of all transactions between the Store and the Client.
In all cases, the Store recommends that the Client retain the email or any proof relating to the validation of their Order.
Article 5 – PRICES AND PAYMENT TERMS
5.1 Prices
The Products are provided at the current price listed on the Website at the time the Order is registered by the Seller. Prices are expressed in the currency chosen by the Store, including all taxes (VAT) at the applicable rate. Delivery costs will be charged additionally under the conditions indicated on the Website and calculated before placing the Order, considering the delivery location, unless otherwise specified in the Order. The total amount of the Order payable by the Client corresponds to the total purchase amount, including these costs.
Prices displayed on the Website are subject to change at any time without notice, depending on seasonal product prices and economic conditions.
An invoice is issued by the Seller and sent to the Client by email.
5.2 Payment
5.2.1 Payment by Credit or Debit Card:
If the Client pays for their purchases by credit card or e-card, the Store guarantees the security of the payment by using data encryption through the HTTPS protocol.
The Client's banking data will be transmitted to the designated bank via the HTTPS protocol, ensuring that they are not processed on the Store's computer system or accessed by the Store or its staff.
The Client expressly acknowledges and accepts, without reservation, that the Store's responsibility cannot, in any case, be engaged in this regard.
The data recorded by the payment intermediary on the platform on behalf of the Store constitutes proof of all commercial transactions between the Client and the Store.
The Client's bank account will be debited for the amount of the Products chosen by the Client once the Order, or the part of the Order chosen by the Client for separate shipment, is completed and pending shipment.
Your payments are secured by the payment intermediary, which offers a fully secure payment service.
The Client guarantees to the Store that they have the necessary authorizations to use the chosen payment method when validating the Order.
In the case of payment by credit card, the provisions relating to the fraudulent use of the payment method provided in the agreements concluded between the Consumer and the card issuer and between the Store and its bank apply.
In the case of anti-fraud controls aimed at securing the transactions of its clients, the Store may request the Client to provide, by email to the Store, the documents necessary for validating the Order:
- One or more proof of address (utility bills, etc.);
- A copy of the credit card used for payment.
The Order will only be definitive upon receipt by the Store of these documents and the sending of the confirmation email. If these documents are not received, or if they do not allow the author of the Order and their actual address to be clearly identified, the Store reserves the right not to validate the Order.
5.2.2 Payment in Cash to the Delivery Person:
Cash payment will be handed over to the delivery person upon receipt of the Products by the Client. It is strongly recommended to provide the exact amount to give to the delivery person.
Article 6 – DELIVERY
6.1 Conditions
The shipment of Products/receipt of Services occurs after: (i) transaction validation if payment is made by credit card, or (ii) if payment is made in cash, after the final validation of the Order on the Website and confirmation by customer service or via the Call Center and receipt of cash payment by the delivery person in charge of delivery.
The ordered Products will be delivered to the location chosen by the Client. Delivery occurs within the timeframes indicated for each delivery method to the address provided by the Client when placing the Order on the Website. Delivery consists of the transfer to the Client of the physical possession of the ordered Product. Except in special cases or unavailability, the ordered Products are delivered in one go.
6.2 Delivery Timeframe
Deliveries are made based on availability and in the order of receipt of Orders and may be carried out globally.
Delivery is ensured from Monday to Sunday, from 8:00 AM to 8:00 PM.
6.3 Delivery Address:
The Client is responsible for the information related to the recipient's name and address. These details must be precise, accurate, and complete (including door code and floor) to allow delivery under normal conditions.
The Store cannot be held responsible for a delivery return due to an address error or an inability to deliver to the specified address. Any change to the recipient's address will result in additional billing to the Client.
In the absence of the recipient, the Client will be informed of the delivery person's passage by SMS, WhatsApp, or a phone call. The Client can contact the Store through the Call Center to reschedule delivery according to predefined time slots.
6.4 Product Receipt
The Client must check the contents of the package and the condition of the Products upon delivery and ensure they conform to the Order.
In case of missing items, the Client must make precise reservations with the Consumer Service via the Store's Call Center and/or by email through the contact form on the Website. Any anomaly concerning the Products (missing item compared to the Order, non-conformity, damaged or opened package) must be immediately refused.
Article 7 – TRANSFER OF OWNERSHIP AND RISK
The transfer of ownership of the Products from the Seller to the Client will only occur after delivery, actual receipt, and payment for the Products by the Client.
Regardless of the date of the transfer of ownership of the Products, the transfer of risks and deterioration related to them will only occur when the Client physically takes possession of the Products. No refund will be possible.
Article 8 – CUSTOMER SERVICE
The Store makes every effort to satisfy its customers. However, the Client can address their complaints to Customer Service:
- By email: At the address provided in the "Contact" section of the Website;
- By phone: Via the Customer Service Call Center or the number indicated in the "Contact" section of the Website.
Article 9 – RIGHT OF WITHDRAWAL
The Client has a right of withdrawal of seven (7) days in accordance with consumer law provisions, with the starting point being the date of the Client's order confirmation.
However, if possible, a modification or cancellation by the Client can be considered as long as the package is being prepared and has not yet been shipped. This possibility is appreciated on a case-by-case basis. In case of cancellation, a credit for the Order amount will be issued to the Client; no refund will be made.
However, once the package is handed over to the Store's shipping services, no modification or cancellation will be taken into account, and the paid price will not be refunded.
Article 10 – COMPLAINT
In case of a complaint, please contact our consumer service via the Call Center or by email at the address indicated in the "Contact" section of the Website. Any complaint must be made within 24 hours of delivery, accompanied by an explanation of the encountered problem and the duly justified damages.
Article 11 – LIABILITY
The Store undertakes to provide the Client with a Product in accordance with the stipulations of their Order and these General Terms and Conditions of Sale.
In no case will the Store be liable to the Client, and the above-mentioned warranty will not apply, for any action and/or omission that is not directly attributable to the Store. The Store's liability will, in any case, be limited to the refund of the Product recognized as non-compliant/defective in accordance with the preceding stipulations, excluding compensation for any indirect, consequential, or immaterial damage or loss of the Client, except for mandatory legal provisions.
The Store's liability will not be engaged for apparent defects that the Client has not reported to the Store during delivery in accordance with these GTCS.
The Store will not be liable for any damage, loss, claim, indirect, consequential, or immaterial damage resulting from or related in any way to data or information on the Website or any use (or inability to use) of the Website and/or the data contained therein. The photographs, images, videos, information illustrating or describing the Products, materials, and/or accessories on the Website are provided for informational purposes only, have no contractual value, and cannot, in any case, engage the Store's liability.
The Store will not be liable for any changes, omissions, or errors in the presentation of the Products.
Article 12 – INTELLECTUAL PROPERTY RIGHTS
The Website and the data, texts, information, images, and photographs regarding or presented on this Website are the property of the Store, subject to possible third-party intellectual property rights, and are protected under the provisions relating to intellectual property. No data or information obtained from this Website can be reproduced, sold, transferred, modified, redistributed, retransmitted, adapted, published, or commercially exploited in any way without the prior written authorization of the Store.
Any use, reproduction, representation, or adaptation in any form whatsoever of all or part of the elements or data of the Website, without the prior written consent of the Store, constitutes an act of infringement. The same applies to all trademarks (verbal, semi-figurative, or figurative) of the Store and any other distinctive signs of it appearing on the Website and which are the property of the Store.
Article 13 – PERSONAL DATA
The personal data communicated to the Store by the Client and collected through the use of the Website are intended to ensure the proper processing of Orders, manage commercial relations, enable the Client to benefit from the Store's and its partners' commercial offers, improve the quality of Products, and provide a better response to the Client's expectations.
The Client consents to the use of this data by the Store for the aforementioned purposes. In accordance with data protection provisions, the Client has a right of access, rectification, and opposition, under certain conditions, to the personal data concerning them, which they can exercise by sending an email to the address indicated in the "Contact" section of the Website or by calling the Call Center.
Article 14 – COOKIES
Users are informed that during their visits to the Website, a navigation tracking mechanism may be implemented. They have a right of access, withdrawal, and modification of personal data communicated through tracking techniques. Their visit to the Store's Website results in the creation of a session cookie (hereinafter "Cookie(s)") that records information about their computer's navigation on the Website (the pages viewed, the date and time of the consultation, etc.), which the Store can read during subsequent visits by Users.
During the entire duration of the visit to the Website, the pages viewed by the User result in the creation of a session Cookie that is downloaded by the User's computer. Cookies are small text files that allow a server to recognize a computer and thus know if the computer (and probably the User) has previously visited the Website. If the computer reconnects to the Website, the latter will search for and use these Cookies or "tokens" left on the hard drive during the previous visit.
Cookies themselves do not allow the identification of a User, but only the computer they use. Cookies simply record the parts of the Website visited by the computer in question and the time spent there. The User is free to oppose the recording of Cookies by configuring their browser as described below. However, by refusing Cookies, it will be impossible to provide them with certain personalized services, and this manipulation may slow down or prevent access to certain parts of the Website.
The User is informed that, during their visits to the Website, a Cookie may be automatically installed on their browsing software and temporarily stored in memory on their hard drive. These information is used to provide optimal service. Thus, Cookies are used to:
- Record information about the User's navigation on the Website to guide their navigation to the most suitable content;
- Measure the number of visits to the Website.
Description of different Cookies used:
- Performance Cookies: This type of Cookie helps us secure and better manage the performance of our services and remembers your preferences for features found on the services, so you do not have to reset them each visit.
- Analytical Cookies: Each time you visit our services, the analysis tools and services we use generate Cookies that can tell us (provided they are allowed and not deleted) if you have visited our services before and provide additional information about how visitors and users use our services (such as the number of visitors to a particular landing page, the frequency of mobile visits, or where users tend to click on our services). Your browser will tell us if you have these Cookies, and if you do not allow new Cookies to be placed, we will usually generate and place new ones.
- Registration Cookies: When you register and log in to our services, we generate Cookies that tell us whether you are logged in and keep your login session active.
Our servers use these Cookies to determine the account to which you are logged into on our services and whether you are authorized to access a specific area or feature of that account.
While you are logged into our services, we combine the information from your registration Cookies with analytical Cookies, which we may use to determine, for example, which pages you have visited.
- Marketing and Advertising Cookies: These Cookies allow us to know whether you have seen an advertisement or a type of online advertisement, how you have interacted with such an advertisement, and how much time has passed since you saw it.
We also use Cookies to help us target advertisements more accurately. We may use Cookies from another organization to target advertisements to you more precisely.
We also place Cookies on other sites where we advertise. If you receive one of these Cookies, we may use it to identify you as having visited that site and seen our advertisement if you later visit our services. We can then target our advertisements based on this information.
- Third-Party Integration Cookies: On some pages of our services, other organizations may also place their own Cookies. They do this to enable and improve the performance and interoperability of their applications, features, or tools that are integrated into our services, to track their performance, or to personalize their services for you. In no case do Cookies aim to exploit personal information regarding individuals connected to the Website.
The User acknowledges having been informed of this practice and authorizes the Store to use it. The User can disable the Cookie through the settings in their browser.
Article 15 – FORCE MAJEURE
The performance by the Store of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure that would hinder or delay its execution. These include, but are not limited to, war, riots, insurrections, social unrest, epidemics, pandemics, telephone, computer or serious security and internet network coherence failures, strikes of all kinds, and supply problems of the Store.
The Store will inform the Client of such a fortuitous event or force majeure within seven (7) days of its occurrence. If this suspension of the Store's obligations continues for more than ninety (90) days, the Client will have the option to cancel the current Order, and the Store will proceed with a refund to the Client as soon as possible by crediting the Client's bank account or by any other means agreed upon between the Parties.
